Topic: Real Estate, Adverse Possession
(By William F. Thompson) The Appeals Court of
Massachusetts upheld a
Land Court
decision that found that the principals of equitable estoppel barred an attorney from asserting adverse possession over a portion of his neighbor’s land. The attorney represented a neighbor during the sale of his property to the defendant. The attorney’s use of his neighbors land prior to the sale of the property, met the adverse possession requirements. However, the Court found that the position taken by the attorney as a plaintiff claiming adverse possession, ‘squarely contradicted’ the position he took as counsel for the sellers.” “One may not knowingly stand by and allow one’s land to be sold without asserting one’s title, yet thereafter assert an ownership interest against the purchaser.”
Moran v. Gala, No. 05-P-732 (2006).
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